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W.H.R. #2.

a specific permission can be found in the permit to do a particular thing or by natural inference without straining the terms of the permit, it can be assumed that a certain thing is authorized then the doing of that thing is unlawful.

Mr. Neale informs the Bureau that persons with ducks may be seen on the streets of Sacramento at all times and that we have no way of interfering. He also contends that they have no discretion to refuse a permit to a person who has applied for one and that there is no provision made for making an investigation to determine the necessity for issuing permits. As a matter of fact, Mr. Neale and Mr. Carpenter have been employed on a per diem basis by the Bureau for the very purpose of making investigations and determining the necessity for issuing permits, and we have advised Mr. Neale that no permits should be issued unless absolutely necessary to protect the rice crops from the depredations of ducks. Furthermore, that no ducks should be killed under permits unless absolutely necessary to protect the crops, and that if any permitee abuses the privileges granted by his permit it should be revoked immediately.

No person whether he be a rice grower, member of a rice grower's family of a bona fide employee of the rice grower can kill or possess ducks under authority conferred by these permits unless the person the person killing and possessing the ducks has had issued to him and holds an individual permit properly countersigned by a duly authorized agent of the Bureau.

It is further contended that the issuance of these permits opens the way to the shipment of ducks by permittees to their friends and for commercial purposes. You will observe that the permit specifically states that the ducks killed shall not be sold, offered for sale, or shipped for purposes of sale, and that no permission is granted to transport the birds except to hospitals or charitable institutions in California for use as food. It follows that no birds can be shipped or transported except to charitable institutions or hospitals in California for use as food except that by natural inference a permittee has the right to carry or transport to his home for his own use ducks that have been lawfully killed by him. He may not even lawfully carry or transport birds that have been killed by some other permittee. You will also bear in mind that if any birds are transported, carried or shipped in packages that the packages must be plainly marked, etc. as provided by Regulation 6 of the Treaty Act Regulations, and that no shipments can be made except to hospitals and charitable. institutions.

You should carefully study the provisions of the permit with respect to the manner in which ducks may be killed, with particular reference to the prohibition against killing them from natural or artificial blinds while on the water. ^[[or]] in any field after the rice has been thrashed or from which it has been removed.

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